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[Federal Register Volume 89, Number 248 (Friday, December 27, 2024)]
[Rules and Regulations]
[Pages 105468-105470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30535]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R10-OAR-2023-0224; FRL-10859-02-R10]

Partial Approval, Partial Disapproval and Promulgation of State 
Plans for Designated Facilities and Pollutants; Spokane Regional Clean 
Air Agency; Control of Emissions From Existing Large Municipal Waste 
Combustors

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to partially approve and partially disapprove a July 18, 2022, 
Clean Air Act (CAA) State Plan submitted by the Spokane Regional Clean 
Air Agency (SRCAA) to establish emission limits for existing large 
municipal waste combustors (MWC) and to provide for the implementation 
and enforcement of these limits. SRCAA submitted this State Plan to 
fulfill its requirements under the CAA in response to the EPA's May 10, 
2006, promulgation of Emissions Guidelines and Compliance Times for 
Large MWC Constructed on or before September 20, 1994 (Emission 
Guidelines). The EPA is partially approving the State Plan because it 
meets the requirements of the Emission Guidelines for existing large 
MWC known to operate in Spokane County, Washington. The EPA is 
partially disapproving the State Plan because it omits requirements for 
fluidized bed combustors and air curtain incinerators, which are 
required elements of a State Plan. This action is being taken under the 
CAA.

DATES: This rule is effective on January 27, 2025. The incorporation by 
reference of certain material listed in the rule is approved by the 
Director of the Federal Register as of January 27, 2025.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2023-0224. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available through https://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Bryan Holtrop (he/him), at (206) 553-
4473 or by email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On December 13, 2023 (88 FR 86312), the EPA proposed to approve a 
section 111(d) State Plan submitted by the SRCAA on July 18, 2022, for 
existing large municipal waste combustors. SRCAA's submitted State Plan 
was in response to the May 10, 2006, promulgation of the amended 
emission guidelines (EG) requirements for Large MWC, 40 CFR part 60, 
subpart Cb (71 FR 27324). Included within the State Plan are 
regulations under SRCAA Regulation I, Article VI, Section 6.17, 
entitled ``Standards for Municipal Solid Waste Combustors,'' effective 
July 7, 2022. On July 18, 2022, SRCAA submitted the State Plan.
    We proposed to partially approve this plan because we determined 
that it complies with the relevant CAA requirements, except 
requirements applicable to fluidized bed combustors and air curtain 
incinerators. Because these requirements were omitted, we also proposed 
to partially disapprove the State Plan submittal. Our proposed action 
contains more information on the plan and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments.

III. EPA Action

    For the reasons discussed in our proposed rulemaking and in this 
action, we are finalizing the partial approval and partial disapproval 
of SWCAA's State Plan for large MWC, which includes SRCAA Regulation I, 
Article VI, Section 6.17, effective July 7, 2022. Upon the effective 
date of this action, SWCAA's State Plan will apply to designated large 
MWC, as defined in 40 CFR 60.32b, in Spokane County, Washington, with 
the exception of fluidized bed combustors and air curtain incinerators, 
which will remain subject to Federal Plan requirements under 40 CFR 
part 62, subpart FFF. We are finalizing this approval because we have 
determined the State Plan meets the applicable requirements under 40 
CFR part 60, subparts B and Cb, except for the requirements noted as 
the basis for our partial disapproval above.

IV. Incorporation by Reference

    In accordance with the requirements of 1 CFR 51.5, the EPA is 
finalizing regulatory text that includes the incorporation by reference 
of SRCAA Regulation I, Article VI, Section 6.17, ``Standards for 
Municipal Solid Waste Combustors'' with an effective date of July 7, 
2022. These regulatory provisions are part of the CAA State Plan 
applicable to existing Large MWC in Spokane County, Washington as 
discussed in Section I of this preamble. They establish requirements 
related to emission limitations, compliance times, testing, monitoring, 
reporting, and recordkeeping applicable to Large MWC in Spokane County, 
Washington that commenced construction on or before September 20, 1994. 
These provisions set forth requirements meeting criteria required by 
the amended Emissions Guidelines for existing Large MWC codified at 40 
CFR part 60, subpart Cb. The EPA has made, and will continue to make, 
the entire SRCAA State Plan, generally available through https://www.regulations.gov, Docket No. EPA-R10-OAR-2023-0224, and at the EPA 
Region 10 Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information). This incorporation by reference has been approved by the 
Office of the Federal Register, and the State Plan is Federally 
enforceable under the CAA as of the effective date of this final rule.

V. Statutory and Executive Order Reviews

    In reviewing State Plan submissions, the EPA's role is to approve 
State choices, provided that they meet the criteria of the CAA. 
Accordingly, this action merely approves State law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by State law. For that reason, this action:

[[Page 105469]]

     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 
2023);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA.
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on communities with environmental justice 
(EJ) concerns to the greatest extent practicable and permitted by law. 
Executive Order 14096 (Revitalizing Our Nation's Commitment to 
Environmental Justice for All, 88 FR 25251, April 26, 2023) builds on 
and supplements Executive Order 12898 and defines EJ as, among other 
things, the just treatment and meaningful involvement of all people, 
regardless of income, race, color, national origin, or Tribal 
affiliation, or disability in agency decision-making and other Federal 
activities that affect human health and the environment.''
    The air agency did not evaluate environmental justice 
considerations as part of its submittal; the Clean Air Act and 
applicable implementing regulations neither prohibit nor require such 
an evaluation. The EPA did not perform an EJ analysis and did not 
consider EJ in this action. Due to the nature of this action, it is 
expected to have a neutral to positive impact on the air quality of the 
affected area. Consideration of EJ is not required as part of this 
action, and there is no information in the record inconsistent with the 
stated goal of Executive Order 12898 of achieving environmental justice 
for communities with EJ concerns.
    In addition, the SRCAA State Plan is not approved to apply on any 
Indian reservation land or in any other area where the EPA or an Indian 
Tribe has demonstrated that a Tribe has jurisdiction. In those areas of 
Indian country, this rule would not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by February 25, 2025. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Waste treatment and disposal.

    Dated: December 17, 2024.
Daniel Opalski,
Acting Regional Administrator, Region 10.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR part 62 as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

0
2. Add Sec. Sec.  62.11880, 62.11881, and 61.18822 to subpart WW to 
read as follows:
Subpart WW--Washington
Sec.
62.11880 Identification of plan--Spokane Regional Clean Air Agency.
62.11881 Identification of sources--Spokane Regional Clean Air 
Agency.
62.11882 Effective date--Spokane Regional Clean Air Agency.
* * * * *

Sec.  62.11880  Identification of plan--Spokane Regional Clean Air 
Agency.

    (a) The plan for the control of emissions from existing large 
municipal waste combustors, submitted by the Spokane Regional Clean Air 
Agency on July 18, 2022, to implement the emission guideline of 40 CFR 
part 60, subpart Cb, applies to all existing Large MWC in Spokane 
County, Washington meeting the requirements as stated in their State 
regulations. The plan includes the regulatory provisions cited in 
paragraph (b)(2) of this section, which the EPA incorporates by 
reference.
    (b)(1) The material incorporated by reference in this section was 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. You may obtain copies from the EPA 
Docket Center--Public Reading Room, EPA West Building, Room 3334, 1301 
Constitution Avenue NW, Washington, DC 20004, (202) 566-1744; the U.S. 
EPA, Region 10 office, (206) 553-1200; or the source in paragraph 
(b)(2) of this section. You may inspect the material at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
    (2) Spokane Regional Clean Air Agency, 1610 S Technology Blvd., 
Suite 101, Spokane, WA 99224; phone: (509)

[[Page 105470]]

477-4727; website: https://spokanecleanair.org.
    (i) SRCAA Regulation I, Article VI, Section 6.17: Standards for 
Municipal Solid Waste Combustors, effective July 7, 2022.
    (ii) [Reserved]

Sec.  62.11881  Identification of sources--Spokane Regional Clean Air 
Agency.

    The plan in Sec.  62.11880 applies to all existing large municipal 
waste combustors in the Spokane County, Washington, excluding Indian 
country, constructed on or before September 20, 1994.

Sec.  62.11882  Effective date--Spokane Regional Clean Air Agency.

    The effective date of the plan identified in Sec.  62.11880 and 
submitted on July 18, 2022, by the Spokane Regional Clean Air Agency 
for existing large municipal waste combustors is January 27, 2025.

[FR Doc. 2024-30535 Filed 12-26-24; 8:45 am]
BILLING CODE 6560-50-P
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